The clause reached across all of Australia - and that scope shaped the outcome
The Supreme Court of Queensland refused an employer's interim bid to enforce a non-compete and block a former sales executive's move to a new employer.
In reasons delivered on July 20, 2026, the court explained why it had dismissed Stryker Australia's application for an interlocutory injunction - an interim order sought before trial - that would have barred a former sales executive from starting work at a start-up.
The worker had been with Stryker, a medical technology business that sells devices to hospitals and surgeons, since 2015. Her most recent role, "Executive Territory Manager – Endoscopy," involved selling surgical camera systems across a set territory covering Brisbane's south, the Gold Coast, northern New South Wales and Townsville. She resigned in June 2026 to join a start-up, and Stryker - which contended the start-up was a competitor - applied to the court to stop the move.
Her contract contained several post-employment restraints. She offered undertakings to the court to comply with most of them, including clauses on soliciting customers, poaching staff and interfering with client relationships. That left one clause in dispute: the one preventing her from joining a competing business.
The court described that clause as broad. It could apply for up to 12 months, could extend as far as the whole of Australia, and could be triggered by having "directly or indirectly" even peripheral...
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